The intent of this article is to provide for the maintenance and development of small community centers where an integrated variety of land uses are essential to the vitality, viability, and well-being of the community. These circumstances are most prevalent in the many small, traditional community centers and town sites of Boone County, and may be appropriate to meet the needs of new community development in the County as well.

The integration and variety of land uses found in small community centers often cannot practically be accommodated by the other basic zoning districts established by these regulations. This article creates an overlay district which may be established in areas appropriate for use as small community centers.

The following uses are principally permitted

1. 1.
   All principally permitted uses of the underlying district
2. 2.
   Single Family Dwelling Unit
3. 3.
   Bed and Breakfast Inns and hotels with four or less guest rooms
4. 4.
   Two Family Dwelling Unit if the use is located within an existing building which requires no building additions which increase the square footage of the structure
5. 5.
   Multi Family Dwelling Unit if the use is located within an existing building which requires no building additions which increase the square footage of the structure

The following commercial uses are principally permitted if they are located within an existing building which is 2,500 square feet or smaller and requires ten or less parking spaces:

1. 1.
   Eating and drinking places including alcoholic beverages, excluding franchise style fast food establishments
2. 2.
   Grocery stores and supermarkets, retail sales of meat, fish, seafood, dairy and poultry products, bakery, produce and specialty foods
3. 3.
   Liquor, beverage, drug and proprietary stores
4. 4.
   Banking services (excluding drive-thru facilities) savings and loan associations, credit unions and other credit services, title services, security brokers, dealers and finance companies
5. 5.
   Accounting, auditing and bookkeeping services
6. 6.
   Postal services, direct mail and advertising services
7. 7.
   Medical, dental or optical clinics
8. 8.
   Veterinary services and pet grooming services, but not including the boarding of animals
9. 9.
   Beauty and barber services and tanning salons
10. 10.
    Day care centers
11. 11.
    Motion pictures theaters, play houses, puppet shows and similar entertainment (indoors only)
12. 12.
    Art, music and dancing schools, libraries and museums
13. 13.
    Apparel stores, general merchandise, mail ordering houses, shoe stores, specialty clothing or boutiques
14. 14.
    Jewelry stores and repair
15. 15.
    Household electronics sales
16. 16.
    Art, craft and hobby supplies and products, gifts and novelties
17. 17.
    Furniture, home furnishings antiques and used merchandise including furniture repair and upholstery
18. 18.
    Books, stationery, newspapers and magazines
19. 19.
    Florists excluding greenhouses
20. 20.
    Sporting goods including bicycles
21. 21.
    Hardware stores, retail sales of paint, glass and wallpaper stores, draperies, curtains, and floor coverings
22. 22.
    China, glassware and metal ware including repairs and services
23. 23.
    Photographic services
24. 24.
    Churches, synagogues, temples and other places of religious assembly for worship
25. 25.
    Professional services and professional offices to include legal, architecture, engineering, real estate, insurance, accounting, financial, travel agencies and similar type uses
26. 26.
    Dry cleaning services (excluding cleaning on site), shoe repair and tailoring
27. 27.
    Welfare and charitable services
28. 28.
    Funeral homes (excluding crematoriums), cemeteries or mausoleums
29. 29.
    Primary, elementary, middle and junior high, secondary, and high schools, community colleges, colleges and universities, vocational or trade schools, business colleges, and special training and schooling facilities
30. 30.
    Business associations and professional membership organizations including civic, social and fraternal organizations
31. 31.
    Art and craft galleries and similar exhibit space
32. 32.
    Aquariums, botanical gardens, and other natural exhibitions
33. 33.
    Passive open space
34. 34.
    Video stores
35. 35.
    Bike shops excluding exterior storage
36. 36.
    Short term rentals. (Applies to Unincorporated Boone County Only)

All accessory uses, buildings, and structures permitted in the basic, underlying district(s) are permitted in the SC overlay district. In addition, uses that are customarily and incidental to the uses permitted as principally permitted uses or conditional uses will also be permitted by right within the SC overlay district, including the following:

1. 1.
   Recreation uses or spaces of integral relation to the developed portions of the district including:

   1. a.
      Temporary exhibit spaces
   2. b.
      Aquariums, botanical gardens and other natural exhibitions
   3. c.
      Stages and similar assembly areas
2. 2.
   Dwelling units including:

   1. a.
      Private garage and parking
   2. b.
      Structures such as fences and walls
   3. c.
      Buildings such as storage sheds
   4. d.
      The keeping and use of appropriate household pets
3. 3.
   Accessory dwelling units
4. 4.
   Signage (See ARTICLE 34)
5. 5.
   Parking (See ARTICLE 33)
6. 6.
   Temporary buildings incidental to construction
7. 7.
   Outside storage, display, loading, uncrating or unpacking areas which are an integral function of a permitted use and do not create outside spaces which will tend to enlarge or overpower the activities of permitted uses, and which are conducted in accordance with SECTION 3154
8. 8.
   Manufacturing, refinishing or production of crafts and household items sold on premises

The following uses and appropriate accessory uses may be permitted subject to the approval and conditions of the Board of Adjustment provided that: a) the activity is an integral part of the area's function as a small community center, and is not of scale, nature, or character which will detract from or conflict with the principal purpose and continued well-being of the center; b) the arrangement of use, building, or structure is compatible with the arrangement or organization of permitted and accessory uses which are to be protected in the district; and c) historical and architectural characteristics are protected from inappropriate alteration to existing structures and new buildings are sensitive to the established character of the SC overlay. Additions and structural alterations will be reviewed for conformance with the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

All conditional uses specified for the basic, underlying district shall be conditional uses in the SC Overlay district unless permitted as a principally permitted use by SECTION 2001.

Additional conditional uses are as follows:

1. 1.
   Any use that requires a drive-through, pursuant to SECTION 3155
2. 2.
   Gasoline filling stations and automobile repair facilities and wash services for vehicles
3. 3.
   Dry cleaning services
4. 4.
   Garden and landscaping sales including florist greenhouses, lawn furniture and the like
5. 5.
   Funeral homes with crematoriums
6. 6.
   Motorcycles sales excluding outside storage
7. 7.
   Recreation centers, gymnasiums, clubs and similar athletic uses
8. 8.
   Police, fire, civil defense and other protective and related services
9. 9.
   The writing, publishing, and printing of newspapers, periodicals, and books
10. 10.
    Bed and Breakfast Inns and hotels with more than four guest rooms
11. 11.
    Franchise style fast food establishments
12. 12.
    Small-scaled workshop uses including small engine repair, fabrication, assembly, and repair of household goods and small electronic goods, excluding outside storage and uses that involve hazardous or toxic substances
13. 13.
    Horse related uses, including riding and boarding stables, as defined by KRS 100.111 (2)(c)
14. 14.
    The Principally Permitted uses number B.1 through B.36 shall be conditional uses if they are located within an existing building which is larger than 2,500 square feet, requires any major exterior alterations or additions which increase the size of use or structure, requires more than ten parking spaces, or requires the construction of a new building on a vacant lot

When the underlying district is agricultural or residential, the maximum intensity for residential uses shall be fifty (50) percent greater than that permitted by the underlying district.

When the underlying district is not agricultural or residential, the maximum intensity for residential uses shall be twelve (12) dwelling units per acre.

There is no maximum building intensity for commercial, office, and public facility uses provided all other requirements of these regulations are met.

All permitted, accessory and conditional uses, buildings and structures in the SC overlay district are subject to the supplemental, parking and loading, landscaping and signage regulations of this order unless exempted by the Board of Adjustment when literal conformance to such regulations would be to the detriment of the district. All uses in this article are subject to Site Plan Review as specified in ARTICLE 30, or Zoning Permits as specified in ARTICLE 4 of this Zoning Order as applicable.

Setback standards within the Small Community Overlay District shall be as follows:

1. 1.
   Front Yard:

   1. a.
      The minimum required front yard shall be the shortest front yard setback of those lots within two hundred (200) feet of the site, on the same, respective street frontage. The maximum required front yard shall be the average of the front yard setbacks of those lots within two hundred (200) feet of the site, on the same, respective street frontage.
   2. b.
      If no principal structure exists on lots within two hundred (200) feet of the site, on the same street frontage, then the minimum required front yard setback shall be the average of the front yard setbacks of those lots within two hundred (200) feet of the site, across the respective street.
   3. c.
      If no principal structure exists on lots within two hundred (200) feet of the site, on the same street frontage or across the respective street, then the front yard setback shall be twenty (20) feet maximum.
2. 2.
   Corner Side Yard: The minimum corner side yard setback shall be one-half of the front yard setback.
3. 3.
   Side Yard: Ten (10) feet or the minimum required Buffer yard width, as regulated by SECTION 3645, whichever is greater.
4. 4.
   Rear Yard: Ten (10) feet or the minimum required Buffer Yard width, as regulated by SECTION 3645, whichever is greater.

Certain circumstances may arise where a modification in the setback is necessary or desired. When these situations occur, a variance may be requested, in accordance with the provisions of ARTICLE 2.  All uses within the Small Community Overlay, regardless of the underlying zoning designation, shall be subject to the sign regulations found within Section 3407.2 of ARTICLE 34.

Construction proposals in the SC overlay district that are within the Burlington Town Plan Strategic Plan area, and that require site plan review (major or minor), are subject to the following design standards:

1. 1.
   Site Layout

   1. a.
      Non-residential building facades facing public street shall be designed as the building front.
   2. b.
      Sidewalk connections shall be provided to all existing and planned sidewalks, and to alleyways.
   3. c.
      Off-street parking shall be located on the side and/or rear of the primary building.
   4. d.
      On-street and shared parking can fulfill parking requirements if demonstrated to the Zoning Administrator that they are sufficient.
2. 2.
   Architectural Details/Ornamentation for Existing Historic Buildings:

   1. a.
      Existing architectural details and ornamentation, including existing porch elements, shall be retained, maintained, and repaired where necessary with matching materials. Removal shall only occur in cases of substantial deterioration and every effort shall be made to replicate removed elements with materials and design matching the original.
   2. b.
      All replacement materials shall be similar to the original materials of the detail or ornamentation in question or be appropriate to the style of the building.
   3. c.
      Removal of existing brick chimneys and replacement with metal or other materials is not permitted.
3. 3.
   Exterior Siding

   1. a.
      Exterior metal wall sheeting is not permitted.
   2. b.
      Replacement of existing exterior wood siding and corner boards shall be with new wood to match original wood.
   3. c.
      In no case shall an historic brick or stone building be covered with any type of siding.
4. 4.
   Windows and Doors

   1. a.
      Existing windows and doors shall be retained and repaired as needed. Repair or replacement of deteriorated window and door elements should imitate the original elements in dimension, profile, size, shape, arrangement and pattern. Window and door repair must reuse as much of the original material as possible.
   2. b.
      When window and door replacement is unavoidable, new units should match original design as closely as possible.
   3. c.
      The installation of modern picture windows, bay windows, or other openings not in scale with the building shall not be installed on the main or side facades. The addition of large windows or walk-out (i.e., sliding) glass doors on the rear facade or side facades which are not readily visible is discouraged but permitted.
   4. d.
      The use of glass block in foundation windows is not permitted on front or readily visible side facades.
5. 5.
   Building Roofs

   1. a.
      Historic roof materials, such as metal or slate shall be retained, maintained and repaired when necessary. They should not be replaced just to match any new construction if not deteriorated.
   2. b.
      The application of composition shingles to replace deteriorated composition or metal standing seam roofs is acceptable.
   3. c.
      Roof forms and pitch shall not be altered on the main facade. Alterations shall not occur on side facades where such alterations would be visible from the street. Alterations in the rear one-half to one-third of a building may be allowable if not readily visible from the major street facade(s). In no instance should more than one-story be added to any existing building.
   4. d.
      Original box gutters shall be retained and maintained, or repaired or replicated.
   5. e.
      If soffits are damaged, they should be repaired or replaced with wood or solid non-vinyl materials to replicate the original materials.
   6. f.
      Skylights are permitted as long as they are located in the rear one-third to one-half of a building depending on visibility from the street facade(s).
6. 6.
   New Construction and Additions

   1. a.
      Proposed new construction or additions to existing structures shall be designed to be consistent with existing buildings within the same street block. The developer or builder shall submit architectural plans for review by the Technical/Design Review Committee. The Committee may contract with a registered architect to help review the proposal according to the following detailed standards:

      1. 1.
         The height of new construction shall be compatible with existing structures on the block.
      2. 2.
         The floor area of new construction shall be compatible with existing structures on the block.
      3. 3.
         New construction shall be compatible with existing structures on the block in terms of number and spacing of window and door openings.
      4. 4.
         Materials of new construction shall be compatible with existing buildings on the block. The texture and color of brick or wood siding should be carefully considered to ensure compatibility with existing buildings. Frame buildings should maintain materials and design found throughout the community.
      5. 5.
         Roofs for new construction should be consistent with existing structures on the block. New construction may have roofing which changes roof lines in the rear one-half or one-third of the building in a stepped fashion if not readily visible from the major street facade(s).
      6. 6.
         Siding of new construction shall be compatible with existing buildings on the block. Traditional or new technological materials that replicate traditional materials should be used instead of vinyl or aluminum siding. Painted concrete block should not be used.
      7. 7.
         Exposed concrete foundations or retaining walls shall be faced with brick or stone, screened, or painted to complement the rest of the building. Interlocking block with opportunity for vines or ground cover vegetation is encouraged for retaining wall applications.
      8. 8.
         HVAC and other mechanical equipment must be screened or camouflaged from public view whether on roof or ground.
      9. 9.
         Additions to historic buildings in the Small Community Overlay Zone must conform to the setback requirements listed above. Additions to historic buildings shall not occur on a main facade or readily visible side facade. Additions shall follow existing roof lines, trim lines, material and massing of the building.

​​​​​​​​​​​​​​​​​​​​​​​​​​​​Review of construction proposals for compliance with these design standards shall be performed by the Planning Commission staff through the site plan procedure. Proposals subject to these standards shall submit architectural drawings as outlined in SECTION 3004.

Eating and Drinking Establishment

1. 1.
   Franchise style fast food establishments shall be prohibited, except as provided for in SECTION 2003.C.11.

Motorcycle Sales

1. 1.
   There shall be no outside storage.